Paul Kehoe (Wexford, Fine Gael)
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298. To ask the Minister for Employment Affairs and Social Protection can a person who was self-employed but now permanently unable to work apply for invalidity pension now the benefit it is available to those who were self-employed but when they became incapacitated before the change in regulations; and if she will make a statement on the matter. [7879/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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From 1 December 2017 the Invalidity Pension (IP) scheme was extended to the self-employed on the same basis as those in employment. IP is payable to an insured person who satisfies certain Pay Related Social Insurance (PRSI) contribution conditions and who is permanently incapable of work due to an illness or incapacity and for no other reason.

Claimants must have at least 260 (5 years) paid PRSI contributions (class A, E, H or S) since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their IP claim.

The relevant date is:

(a)any date after the completion of one year of continuous incapacity for work, or

(b)any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed

where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.

A qualifying condition for IP is that a person must be regarded as being permanently incapable of work. A person is regarded as being permanently incapable of work if;

For the period of 1 year immediately before the date of application the person had been continuously incapable of work and a Deciding Officer or an Appeals Officer is satisfied that the person is likely to continue to be incapable of work for at least another year,

OR

A Deciding Officer or an Appeals Officer is satisfied that the likelihood is that the person will be incapable of work for life.

A person applying for IP must satisfy both the medical and contribution conditions for the scheme at time of application in order to qualify. Eligibility for IP can only be established on receipt of a completed application form. The person in question should submit an IP application form and their entitlement can then be determined.

I hope this clarifies the position for the Deputy.